In the UK, Section 8 of the Housing Act 1988 allows landlords to evict tenants for specific breaches of the tenancy agreement, such as non-payment of rent, property damage, or anti-social behaviour. The Section 8 notice eviction process enables landlords to seek possession of their property through the courts, provided they can demonstrate valid grounds for eviction.
With Section 21 notices due to be abolished in the near future by the Renters’ Rights Bill, Section 8 notices will become the main way to evict tenants. It is therefore vital for landlords to be aware of these rules in order to stay informed about how they can evict a tenant if they need to.
To learn more about section 21 notices, click here.
Common Grounds for Section 8 Eviction
In total, there are 18 grounds for possession under Section 8. However, some of the most common grounds for Section 8 eviction include the following:
1. Non-payment of Rent (Ground 8): If the tenant has fallen behind on rent by more than two months (for monthly tenancies) or eight weeks (for weekly tenancies), landlords can apply for eviction.
2. Breach of Tenancy (Grounds 12 & 13): For violations like property damage or unauthorized subletting.
3. Anti-social Behaviour (Ground 14): If the tenant is causing a nuisance or engaging in criminal activity.
4. Deliberate Property Damage (Ground 15): For intentional damage to the property.
How can a tenant be evicted under Section 8?
1. Serve a Section 8 Notice: The landlord must first serve the tenant with a Section 8 Notice, which specifies the grounds for eviction and gives the tenant a notice period (usually 2 weeks to 2 months depending on the grounds).
2. Apply to the Court: If the tenant doesn’t leave after the notice period, the landlord can apply to the court for a possession order.
3. Court Hearing: The court will assess the evidence, and if it’s satisfied with the landlord’s case, it will grant a possession order.
4. Bailiffs: If the tenant still refuses to leave, the landlord can request a warrant of possession and bailiffs will be authorized to evict the tenant.
What else should landlords bear in mind?
Landlords should pay special attention to the following points when deciding to evict a tenant:
- Legal Process: Landlords must follow the proper legal procedures to avoid unlawful eviction.
- Tenant’s Rights: Tenants have the right to contest the eviction and must be given proper notice.
Our thoughts
Evicting a tenant using Section 8 requires careful adherence to the law, and landlords must ensure they follow the correct steps to avoid delays or legal challenges. Especially in complex cases, we recommend that landlords always consult a solicitor as early as possible to properly commence the eviction process. Contact Lisa’s Law Solicitors today.
Have questions? Get in touch today!
Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.
Email us on info@lisaslaw.co.uk.
Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/
For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.
